Regular bail granted despite cheating and forgery allegations where trial progress was limited and custody had become prolonged.

Regular bail was granted in a case involving allegations of cheating and forgery because the petitioners were in custody, the trial had not substantially progressed, and only one prosecution witness had been examined with further cross-examination deferred. The Court balanced the petitioners' earlier absence from process against their prolonged pre-trial detention and medical condition, and held that continued custody was not necessary. Concerns about absconding were addressed by imposing strict safeguards, including furnishing bail and surety bonds and surrendering passports, if any. The petition was accordingly allowed and the petitioners were released on regular bail subject to conditions.

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Issues: Whether the petitioners were entitled to regular bail despite the allegations of cheating and forgery, their earlier absence from trial, and the pendency of trial.

Analysis: The petitioners were in custody and the trial had not substantially progressed, with only one prosecution witness examined and further cross-examination deferred in view of a proposed application under Section 319 of the Code of Criminal Procedure, 1973. The Court also noted that the petitioners had remained out of process for a period, but balanced that circumstance against the prolonged pre-trial custody, the limited progress of the case, and the petitioner's medical condition. In such circumstances, continued detention was not considered necessary, and any apprehension of absconding could be addressed by imposing strict conditions.

Conclusion: The petitioners were granted regular bail on furnishing adequate bail and surety bonds and by surrendering passports, if any.

Final Conclusion: The petition was allowed and the petitioners were released on regular bail subject to safeguards.

Ratio Decidendi: Long pre-trial custody, slow progress of trial, and the availability of protective conditions can justify grant of regular bail even in a serious offence, while preserving the integrity of the trial process.

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